Forged Steel Fluid End Blocks from Italy: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results
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Issuing agencies
Abstract
On October 2, 2026, the U.S. Court of International Trade (CIT) issued its final judgment in Ellwood City Forge Company v. United States, Court no. 23-00191, sustaining the U.S. Department of Commerce (Commerce)'s first remand results pertaining to the administrative review of the antidumping duty (AD) order on forged steel fluid end blocks (FEBs) from Italy covering the period of review (POR) July 23, 2020 through December 31, 2021. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final results of the administrative review, and that Commerce is amending the final results with respect to the dumping margin assigned to Lucchini Mame Forge S.p.A.
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<title>Federal Register, Volume 91 Issue 198 (Thursday, October 15, 2026)</title>
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[Federal Register Volume 91, Number 198 (Thursday, October 15, 2026)]
[Notices]
[Pages 65527-65528]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21044]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-840]
Forged Steel Fluid End Blocks from Italy: Notice of Court
Decision Not in Harmony With the Results of Antidumping Administrative
Review; Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On October 2, 2026, the U.S. Court of International Trade
(CIT) issued its final judgment in Ellwood City Forge Company v. United
States, Court no. 23-00191, sustaining the U.S. Department of Commerce
(Commerce)'s first remand results pertaining to the administrative
review of the antidumping duty (AD) order on forged steel fluid end
blocks (FEBs) from Italy covering the period of review (POR) July 23,
2020 through December 31, 2021. Commerce is notifying the public that
the CIT's final judgment is not in harmony with Commerce's final
results of the administrative review, and that Commerce is amending the
final results with respect to the dumping margin assigned to Lucchini
Mame Forge S.p.A.
DATES: Applicable October 12, 2026.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5760.
[[Page 65528]]
SUPPLEMENTARY INFORMATION:
Background
On August 14, 2023, Commerce published its Final Results of the
administrative review of the antidumping duty order on forged steel
fluid end blocks from Italy covering the POR July 23, 2020 through
December 31, 2021. Commerce calculated a weighted-average dumping
margin of 2.97 percent.\1\
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\1\ See Forged Steel Fluid End Blocks from Italy: Final Results
of the Antidumping Duty Administrative Review; 2020-2021, 88 FR
55010 (August 14, 2023) (Final Results), and accompanying Issues and
Decision Memorandum.
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Elwood City Forge Company appealed Commerce's Final Results. On
April 28, 2026, the CIT remanded the Final Results to Commerce,
directing Commerce to: (1) further explain its determination that Cogne
and Ciscato, two producers whose financial statements Commerce used to
calculate Lucchini's CV profit, produced merchandise identical to the
subject FEBs; and (2) further explain/reconsider its selection of the
market-price benchmark used in the major input analysis.\2\
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\2\ See Ellwood City Forge Company v. United States, 834 F.
Supp. 3d 1304 (CIT 2026) (Remand Order)
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In its final results of redetermination, issued in July 2026,
Commerce reversed both determinations. Commerce excluded Cogne and
Ciscato from its CV profit calculation. Commerce also used Company A's
U.S. purchases of ingots as the market-price benchmark for its major-
input analysis and rejected Lucchini's February 2023 adjustment
information as untimely new factual information.\3\ The CIT sustained
Commerce's Final Results of Redetermination.\4\
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\3\ See Final Results of Redetermination Pursuant to Remand
Order (Final Results of Redetermination).
\4\ See Ellwood City Forge Company v. United States, Ct. No. 23-
00191 (CIT October 2, 2026) (Judgement).
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Timken Notice
In its decision in Timken,\5\ as clarified by Diamond Sawblades,\6\
the U.S. Court of Appeals for the Federal Circuit held that, pursuant
to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice of court decision that is not ``in
harmony'' with a Commerce determination and must suspend liquidation of
entries pending a ``conclusive'' court decision. The CIT's October 2,
2026, judgment constitutes a final decision of the CIT that is not in
harmony with Commerce's Final Results. Thus, this notice is published
in fulfillment of the publication requirements of Timken.
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\5\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\6\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results with respect to Lucchini as follows:
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Final results weighted- Amended final results
Exporter/producer average dumping margin weighted-average dumping
(percent) margin (percent)
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Lucchini Mame Forge S.p.A............................. 2.97 7.55
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Cash Deposit Requirements
Because Lucchini has a superseding cash deposit rate, i.e., there
have been final results published in a subsequent administrative
review,\7\ we will not issue revised cash deposit instructions to U.S.
Customs and Border Protection (CBP). This notice will not affect the
current cash deposit rate.
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\7\ See Forged Steel Fluid End Blocks from Italy: Final Results
of Antidumping Duty Administrative Review; 2023, 91 FR 3416 (January
27, 2026).
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Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that: were produced and/or exported by Lucchini,
and were entered, or withdrawn from warehouse, for consumption during
the period of review July 23, 2020, through December 31, 2021. These
entries will remain enjoined pursuant to the terms of the injunction
during the pendency of any appeals process.
In the event the CIT's ruling is not appealed, or, if appealed,
upheld by a final and conclusive court decision, Commerce intends to
instruct CBP to assess antidumping duties on unliquidated entries of
subject merchandise produced and/or exported by Lucchini in accordance
with 19 CFR 351.212(b). We will instruct CBP to assess antidumping
duties on all appropriate entries covered by this review when the
importer-specific ad valorem assessment rate is not zero or de minimis.
Where an import-specific ad valorem assessment rate is zero or de
minimis,\8\ we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
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\8\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: October 9, 2026.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2026-21044 Filed 10-14-26; 8:45 am]
BILLING CODE 3510-DS-P
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